No more procrastination on climate change, says German Constitutional Court in landmark decision

by Anna-Christina Schmidl, Universal Rights Group Geneva Asuntos contemporáneos y emergentes, Blog, Blog

On 24 March 2021, the First Senate of the German Constitutional Court (Bundesverfassungsgericht) rendered its long-awaited decision on four constitutional complaints [1] brought in relation to Germany’s Federal Climate Change Act (Bundes-Klimaschutzgesetz) of 2019. The plaintiffs – some of whom are young climate activists – had alleged, in part , that the Act violates the fundamental rights of future generations by failing to prescribe in sufficient detail a long-term pathway for …

The French ‘case of the century’ ushers in new era of environmental litigation

by Louis Mason, Universal Rights Group Asuntos contemporáneos y emergentes, Blog, Blog

On 3 February 2021, in a historic decision that confirms the growing trend of civil society led public interest litigation founded on the right to a healthy environment, a French administrative court recognised that the French State could be held responsible for failing to meet its commitments to mitigate climate change. In an unparalleled outpouring of public support for the plaintiffs …

Norway’s Supreme Court dismisses claim based on the right to a healthy environment and allows new oil exploration in the Arctic

by Louis Mason, Universal Rights Group and Renata Politi, Universal Rights Group Asuntos contemporáneos y emergentes, Blog, Blog

On 22 December 2020, Norway’s Supreme Court handed down its judgment in the closely followed climate lawsuit based on the constitutional right to a healthy environment, known as the Norwegian Arctic Oil case . The appeal was brought to the Supreme Court by environmental groups that disputed an administrative decision, based on a 2013 legislation, which authorised the administration to grant licences to oil …